Ex Parte Daivion Anthony Banton

Opinion

ACCEPTED

01-15-00385-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 5/20/2015 5:32:44 PM CHRISTOPHER PRINE

CLERK

Cause Nos. 01-15-00385-CR and 01-15-00386-CR FILED IN

1st COURT OF APPEALS

IN THE COURT OF APPEALS HOUSTON, TEXAS 1ST JUDICIAL DISTRICT 5/20/2015 5:32:44 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

DAIVION ANTHONY BANTON

V.

THE STATE OF TEXAS

************************************ Cause Nos. 14-DCR-066980 AND 14-DCR-066981 In 240th Judicial District Court of Fort Bend County, Texas

************************************ APPELLANT’S LETTER SHOWING APPELLANT’S INDIGENCY

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW, DAIVION ANTHONY BANTON, by and through

his attorney of record, David Alan Disher, and respectfully shows the

Appellant received a request for payment of the Court Reporter’s record.

The request was made 19th May 2015 but received by Appellant

May 20, 2015.

The only record, if any, was by a tape recording by the criminal

associate Judge pursuant to Chapter 54A of the Texas Government Code.

Further, the Appellant is indigent and the 240th Judicial District Court

Of Fort Bend County, Texas appointed Mr. David Alan Disher to represent

Appellant until the case is disposed, and appeals exhausted.

See page 7 of the Clerk’s Record file-marked July 29, 2014.

Respectfully submitted,

/s/ David Alan Disher

_____________________

David Alan Disher, Attorney for Defendant/Appellant TBC #05895600 1167 FM 2144 Schulenburg, Texas 78956 Phone number: 979-263-5174 Fax number: 979-263-5183

CERTIFICATE OF SERVICE

I hereby certify that the original foregoing Appellant’s Letter Showing Appellant’s Indigency was e-filed with

Ms. Ora Patterson Deputy Clerk Court of Appeals For the First Court of Appeals 301 Fannin Street Houston 77002-2066,

and a copy of the foregoing Appellant’s Letter Showing Appellant’s Indigency has been personally hand delivered, by Fax, or sent certified mail, return receipt requested, by the U. S. Mail to the following parties:

Mr. John Healey Fort Bend County Criminal District Attorney Fort Bend County Courthouse Richmond, Texas 77469,

Mr. Fred Felcman Fort Bend County Assistant District Attorney Fort Bend County Courthouse Richmond, Texas 77469, and

Ms. Elizabeth Wittu Offical Court Reporter 240th Judicial District Court Fort Bend County Courthouse Richmond, Texas 77469 via e-mail at wittueli@fortbendcountytx.gov

and mailed to the Appellant via regular postpaid, U.S. mail at his last known address of:

DAIVION ANTHONY BANTON INMATE Fort Bend County Jail 1410 Ransom Road Richmond, TX 77469

on this the 21st day of May, 2015.

/s/ David Alan Disher

_______________________

David Alan Disher Attorney for Appellant